It appears that a matter involving a policeman who was dismissed for ‘national security reasons’ is heading to court while Police Chief, Daniel Carbon, has remained silent and not commented on the matter.
Special Constable, Presley Boyd, was dismissed by Carbon from the Commonwealth of Dominica Police Force (CDPF) via letter dated June 26, 2015 , with “immediate effect.”
Boyd, who had been employed with the CDPF since October 16, 2001, was not given a hearing and was on leave when the decision to fire him was taken.
“This serves to advise that in keeping with Section (5) of Police (Amendment) Act 1 of 1997, your appointment as a Special Constable in the Commonwealth of Dominica Police Force is hereby cancelled with immediate effect for national security reasons,” Carbon wrote to Boyd in the dismissal letter.
The decision reportedly took Boyd by surprise and he has since, through his lawyer J. Gildon Richards, written to Carbon demanding reinstatement.
In a letter to Carbon, dated July 7, 2015, Richards wrote, “my instructions are that you communicated your said decision to my client by memorandum dated June 26, 2015. He is astounded, not only by the gravity of the connotation in your proffered reason, but also because he is not aware of any wrong he has done to warrant your decision.”
The letter continued, “My client further informed me that effective June 15, 2015 you granted him one month vacation leave, to which he was entitled, which expires on July 15, 2015. In the circumstances, my client, a model police officer held a legitimate expectation that he would be permitted to resume performance of his regular duties at the expiration of his leave. He also held a legitimate expectation that he would not be unlawfully or unfairly hindered, obstructed or otherwise prevented from enjoying the property in his employment and the benefits deriving from it.”
It further said, “I am instructed that you failed or refused to furnish my client with any particulars or details of the matter or matters which informed your consideration towards your said decision. My client consequently believes that without any proper reason whatsoever, you deemed him a threat to national security of the Commonwealth of Dominica, a determination which he believes is not only baseless but also gravely defamatory. Most telling, as I am informed, besides withholding the particulars of your reason, you proceed to make your said decision without giving to my client a fair hearing or otherwise giving him the benefit of basic justice to which he is entitled.”
Quoting Section 25 of the Police Act Chap 14:01, Richards labels the action of Carbon as “disciplinary” and said that Boyd is entitled to the benefits and safeguards of the prescribed disciplinary procedure applicable to other members of the police force.
According to Richards, his client advisedly believes that Carbon’s decision has violated Subsection (2) of Section 92 of the Commonwealth of Dominica Constitution.
He also stated that notwithstanding the term “national security reasons” at Section (5) of the Police (Amendment) Act N0 1 of 1997, the decision by Carbon has violated his clients basic rights to a fair hearing guaranteed and protected by Subsection (8) of Section 8 of the said Constitution and his rights under Section (6) thereof.
“In the circumstances, consistent with my instructions and principles of basic justice, I hereby request and urge that you do the following; immediately withdraw and rescind your said decision and recall him to perform his regular duties as a police officer on or before no later than July 16, 2015; furnish my client with the particulars or details of the reason or reasons upon which you rested your decision to terminate his employment for national security reasons; give my client a fair hearing which he is entitled as other members of the Police Force and as guaranteed by Section (8) subsection (8) of the Commonwealth of Dominica Constitution,” Richards wrote.
The letter continued, “should you fail to accede to my client’s request made herein, I am instructed to institute legal proceedings against you and the Attorney General jointly and against you personally for defamation and a just remedy. My client reserves all rights in this matter. I kindly request your written reply to this letter on or before July 14, 2015.”
The letter was copied to the Cabinet Secretary, Permanent Secretary in the Ministry of Justice, Director of Audit, Chief Personal Officer, Accountant General, Salary Clerk Police Administration, S.O. Police Stores and Presley Boyd as done by the Chief of Police.
The deadline to reply and for Boyd’s reinstatement has passed and he remains “dismissed”.
Reports are that Boyd’s lawyer is now preparing to take the matter to court.
It is so sad and I shall also state disappointing that non DLP supporters are not smart enough to know the difference between right from wrong. You appear not to have any basic common sense and to utilize your judgment; not even a good one. You are extremely bias people who also depict that you do not want what is good for Dominica. How can you ever help Dominica and be of help to it and other nationals? You are a sorry case.
Fickle minds. Your comments are consistently critiques and boring which no one can learn anything from and which serve no useful purpose, you miserable, unhappy lot who lack peace.
You are talking about D/ca needs a change and wanting your leader to be a PM? You are jokers; like you need a hole in your heads. With that type of attitude and your comments, you could never change anyone from DLP to UWP.
comment should have read ,`takes away the requirements`
hmm.from my observations once the phrase `in the interest of national security` comes into play ,,that takes the requirements for full disclosure.Case in point, even though Blanchard and Valerie won their cases in court ,they were never reinstated and we were never told what was the risk they posed to national security.And thats not unique to D/A ,so many things remain `classified ` in the most policed state on the world citing national security,USA.
It is sad to see Dominican folks attack each other on this site. That kind of behavior is sickening. Really! .
Hello and good morning my people. Officer Boyd joined the Police Department in 2001 which mean that his a member for fourteen years therefore he has tenure and he cannot be dismissed without an administrative hearing. I see a successful lawsuit with back pay and punitive damages. Either Mr Carbon don’t understand the administrative procedure or he received bad information from in house attorney. You can’t dismissed a tenure Government employee with a hearing.
A lady who was a co-worker once told me about annual performance appraisals, “They are not worth the paper that they are written on.” I feel the same about constitution and clauses. I do not need one to fight my case. I can speak for myself and win my case too. I never had to but if per chance I ever have, this is what I would do. My pen (computer) and my mouth are mightier than the sword. I may not even need a lawyer.
This is a hot debate DNO.
This comment was meant for Zandoli Girl, the last one.
let’s say the officer did something to bridge security, how he was dismissed was still wrong. Read the constitution sections 91 to 94 under the heading “The Police”
to bridge security? i mean there are online dictionaries and thesauruses. the word is breach meaning to break or disrupt. not bridge which would mean to connect.
lol all u not eazi
It is my opinion that the gentle man is a puppet of the prime minister
I really want to know what transpired, Special Constables are given limited work duties like security guard at Casualty, the main gate at Police Station,, taking care of writing peoples names in the visitors book at the entrance of high court and taking information at the front desk at CID for police record, work on the guard desk with help from a senior officer, work within the Tourism department on the bay front to keep order when the season is open and issue traffic tickets along with a Police Officer(s) as partner or partners. As a true born again christian Special Constable Boyd was enlisted as a Special Constable because he’s loyal and trustworthy and always welcome to lend a helping hand, that why he was enlisted any way. . There are enough police officers posting pictures on Facebook etc including special constables showing guns and confiscated drugs for the world to see what do you call that then? SPC Boyd I pray that justice prevails God is in control, we are with you
This is such a joke. What national security? If this were truly a matter of national security, the matter would not have been handled in such a casual way. You get fired if you come to work late or for gross insubordination. I would think a police person who impinges on National Security would be the subject of an internal investigation and the facts made known long before . If this is a real National Security issue then merely dismissing the police person is lite. What, no charges, come on, really.
Special Constable, Presley Boyd, was dismissed by Carbon from the Commonwealth of Dominica Police Force (CDPF) via letter dated June 26, 2015 , with “immediate effect.” Sir, you and your attorney has brought you case to the news media in order to solicit sympathy or to embarrass the administration. Right away you have turned your dismissal and trials into a political plot or fiasco! Is that good judgment? Before your dismissal you turn to the MEDIA, then, there is reason to believe you are a security risk! like the old saying goes, close your door and discipline your child.
Oh Please …..
Two words “utter rubbish”
Hello and good morning my people. Well remember he’s a Government employee and he has rights guaranteed under the civil Service Laws and also by rules negotiated by his union.
Parry, I would advise all parties involved to meet and discuss the legal consequences of this matter, before it reaches the court. Situations like these usually mash up the moral of organizations or institutions like the police force. Parry should also advise Mr. Carbon to make a statement to his police force and Dominicans by extension, about what national security protocol that was broken.
This administration and their military wing keep costing the overburdened tax payers of Dominica a lot of money… last year over half a million dollars was paid out to individuals for wrong police action. Now this Mr. Boyd will go to court and get our money. I am sure if is their personal money that was used to pay the fines they would act more responsibly
This is a serious matter committed which resulted in the dismissal of one in this high position. It must be a serious breach of confidentiality or planning to do something or advising others to do something, some harm which would affect national security. This is as far as I could presume.
I must state that his attorney is bold, not yet knowing why his client was dismissed and to demand his reinstatement. I do think this is all protocol by stating what he expects the Police Chief to do and if not will pursue legal action.
What happened to mediation and to primarily request the nature and cause of his dismissal?
Under the circumstances, it is fitting that the Police Chief did not respond. The Government and the Police Chief also have attorneys who will advise him what is appropriate to do and not do at this time.
This should be an interesting case. D/cans will be eager to know what caused his dismissal, court proceedings and the outcome of same.
Facts, how you manage to deduce that conclusion, when there is nothing in the article which informed you what offence the guy committed.
Security risks could mean anything from being unfit to serve as a police office if he is an alcoholic, to disclosing military secrets. We know we do not have a professional army, we are not involved into R & D of military weapons technology, so even Carbon is simply talking nonsense as far as national security is concern.
Unless he knows who has the evidence regarding the fire bomb of Gong Emanuel house, and the names of those who killed my nephew, and who covered up the evidence. My other suspicion is that Carbon may have found out he is not prepared to be one of Skerrit’s stooges, nor puppet! Perhaps he refused to beat the crap out of somebody when he was told to do so because they are cussing Skerrit!
Ask Elizabeth, she will tell why he is fired, I am sure she will tell you it is political victimization!
“Ask Elizabeth, she will tell why he is fired, I am sure she will tell you it is political victimization!” @ Francisco Telemaque July 23, 2015
Man why will you not stop mentioning my name in your fictitious or fabricated comments?
Isn’t there anything in that bald head of yours that you can use to educate the young people on DNO who may be reading what you write? You are always boasting about “university” and “college” education–I wonder if you even know how to apply for that kind of schooling.
When you are not plainly lying, you are exaggerating; when you are not exaggerating, you plagiarizing; when you are not doing neither of those, you are impersonating people, or writing fiction–what do I have to do with this sort of news? Gush man!
LOL…. Interesting
If you have common sense you could speculate. This does not mean it is a fact. This is exactly what I stated. Did you not comprehend?
Why do you consistently love to bring up stories and repetitiously so that have no bearing with this article? We are not referring to your nephew or other person except this case of the dismissed police.
As per your second paragraph, I could ask you, how you manage to deduce that conclusion?
Anyway, when the case is called, the Court will decide.
You must have the answer for your friend Facts: Since you and Petter, and now Skerrit are such good, and close friends; who knows, perhaps one of them took you into their confidence and told what crime he committed why he is fired!
Now remember one day when I was teaching you something out of me baldhead you told me “enough of that you wanted to do something else.” Remember Miss Elizabeth, eh, eh, do you remember? Well this baldhead here does not forget anything!
And by the way I discover that you are the one impersonating you! You did not think I would figure it out oui!
Hahahahahahahahahahahahahahahahahahahahahah; you are caught!
You sound like someone who is mentally deranged. You called lawyer bold for not knowing reason yet you start with this long presumption .
Who is any lawyer that I cannot call him/her a liar when the statistics he/she presented proved to be a lie!
Let me tell you something, peoples’s profession and titles means nothing to people like me, because I’v have been there done that! We all cannot be in the same profession, but whether, I am a feces cleaner, or dog catcher, he is not more important than I!
I know what it takes to earn an academic degree: I have four; you all bow to lawyers, magistrates, anybody who calls themselves doctor, or whatever there profession: in Dominic people don’t call a teacher by their name unless they say teacher something. Get it in your feeble mind they are just people serving a purpose, they are not better, nor supernatural to me you or anyone else. Only in Dominica such people are looked up to as if they are special. He is just another Man, disseminating political lies!
Let them come to North America, and introduce themselves as “doctor” attorney, this or that, see if that will…
See, if by introducing themselves as doctor this or attorney that or teacher somebody will gain them some respect, or people will look up to them and and favor with anything. You think I am mentally derange, ask Skerrit if anyone looked up to him in Belize when he was on the boat.
When they were told the Prime Minister of Dominica is aboard, when the authorities asked who is the prime minister , Skerrit said I am!
Ask him if any one bow to him and let him had his way, he was subject to the same way another person with no earthly position would be treated. If you I am mentally deranged, if you had what I have in my head, you would walk upside down on your heed in Dominica, and kick people as you go along! You can revere every, political stooge, and puppets in the country lawyer, priest, bishop or the devil in hell if you wish.
I only honor God Jehovah, and Jesus Christ and the Holy Sprit, I an here to honor any politician, especially when they are caught in a lie; the man is…
Stop your BULL CRAP. In any Democratic society the officer would have been informed as to why he was terminated. Don’t they have a police union in the DA. POLICE FORCE? Why didn’t carbon send a letter to his union? You are right in saying that this Regime is costing tax payers money, but his Attorney is right in asking that his client be reinstated. If he, only the police will have to pay. If this man did something that is so grave as to raise concerns of National Security, ,he can and should be terminated. But the proper procedure needs to be followed.
This is for everyone who made similar comments about reinstatement. If an employee holds an important job, if still on the job and is dismissed for an offense which is a violation of business rules and regulations, the regulation is that after having been told at a meeting and given a letter of dismissal, he/she is escorted outside of the building.
The staff member is not allowed on the premises. The Canadian banks do it. I would think also the government and other big enterprises. Some companies asked the staff to leave immediately.
He was on either vacation or leave. Is this wrong that he was notified in writing of his dismissal? The letter could have contained the reason. It is left to him to dispute it through his lawyer which is what he did.
Isn’t Boyd a special constable??
So? he should get special treatment? Id fire ALLLLL of them
What a pity
My take on this is simple. Special Constables are employed on contract and unless there is a violation of a “certain” contract clause then Carbon may get away. Nicolas George can comment..
However, we as pilgrims must be very careful about the way we treat others in this small island called Waitikubuli. You should not take bread from someone simply because you can based on politics and rumors. A similar thing can be said of a certain officer whose wife was seen demonstrating against the government and as retaliation he was transferred from Morne Bruce. What does his wife’s action have to do with him? This police force has become a cancer to the dominican society headed by a Doctor (Chief) who himself seems to be suffering from stage 4 cancer and determined to take others to the grave with him or before his final departure.
But again, when the security guy from Marigot was given walking papers from the airport we did nothing so the attacks continue.
Assertive, NOT…
I would consider the exposure of the Prime Minister’s financial information to the world by Tony, to be more of a national security. I would consider the housing of a sick male Minister of Government in the Maternity Ward of the hospital, to be a national security. I would consider the cutting of car tires belonging to the Government while on the Police compound, to be considered a national security.
What constitutes “National Security” In Dominica? What a Joke these little frogs in their little pond that think they are in the open Atlantic!
Little John Paul, do you have a mind and one of your own? Then, think! Put on your thinking cap and think beyond and in-depth what constitutes “National Security.” If you are so inclined, you should know it must be a serious matter which could affect the government, nationals and Dominica in general.
You should have reason for concern instead of making an unbecoming, rude and sarcastic comment. It shows what type of mentality you have. You have much to learn. Therefore, pay attention.
Police, national security in same sentence. Sound like treason to me. Smells rotten. Reserve comments until the “facts” are out.
carbon playing tough cop!!!!!
when for him to show his balls he hiding behind pen and paper…….what a joke!!
When de tower at melvillehall airport was set ablaze it was deemed as a national security breach.
De PM claimed he have info on who did de crime.
WELL SKERRIT I WAITING TO KNOW IF PRESELY ACTION WAS WORSE THAN SETTING FIRE AT DE CONTROL TOWER AT MELVILLEHALL AIRPORT!!!!!!!!
Skerrit never had evidence of jack s#%t!!!
De culprit should be rotting in a cell at stock farm right now.
Carbon garcon you putting yourself out there for alot of scorn…..you doh want a good name when you leave de force?
All now Presly appearing to have more credibility than you!!!!
You damaging de morale of de force you lead!
We in de public will start to lose respect for you and de men you lead!
you failing miserably this time!
So where is the police union in this matter?
I thought they would take the fight to the commissioner of police?
This entire force less a handful of officers, is an illdisciplined force.To compound the problem, many officers are there serving one man, and not the country.
The top echelon of the force is too political!Need to be re shuffled!
The gentleman deserves a fair hearing before dismissal. Mr. Carbon should be professional about this matter. And what is the Police Welfare department saying about this issue. Today it is Mr. Boyd, tomorrow it may be any other police officer. You, as representative body of the police officers, have a responsibility to ensure that proper procedures are followed and justice be done in a fair manner.
Everyone is innocent till proven otherwise. At least, that is how I was taught about the basic tenet of our legal system. If PC Boyd has breached national security in such an apparently serious manner, bring a case against him so that he can at least defend himself against such a grave allegation. It can not be that his future is seriously jeopardised without any recourse.
***********WHAT”S GOING ON******
“This serves to advise that in keeping with Section (5) of Police (Amendment) Act 1 of 1997, your appointment as a Special Constable in the Commonwealth of Dominica Police Force is hereby cancelled with immediate effect for national security reasons,”
………………………………………………..
No one knows what exactly happened, BUT there’s more to this story!!
The truth will come to light!!
If we don’t know we must hold our judgment [for or against either side] until then!!
Let’s just wait!!
-Thanks
come on carbon, this vaige excuse about national security, what is the national security risk if this guy is reinstated, was he planing to join ISIS and was encouraging a few more officers to go with him? this guy didn’t even need a lawyer to embarrass carbon in court, this is so much of an easy payout to this guy.
SHOOO, you are an ahole don’t comment like that till you get the full store from the court so be cool.
you cannot spell
go back to grade k and come again 
REAL NEGROES, a misspel is not to say a persson can’t spell we all make mistakes so there you are.
The word is “vague.”
Think! Think! Think! Exercise your mind and brains and think! The problem with some of you is, you do not think prior to commenting. You are very quick to accuse, condemn and judge when you do not know the full story.
If I were you I would not make that comment. If someone is dismissed and the reason is “national security”, you should know it is an extremely serious matter.
You should also know that the Police Chief would not merely opt out and dismiss him on a trivial matter and for the fun of it.
When the Special Constable’s actions came to light, the Police Chief obviously consulted his superior(s) who gave their consent (be it one superior) prior to him composing a letter of dismissal and forwarding it to the S.C.
Dominicans should know that they will not have privy to the reason until it is deemed time for them to know.
What you must do is, to patiently wait to know the reason for his dismissal. Then form your opinion.
The real facts- On; the isuue here is HOW the officer was dismissed. i have the constitution here in front of me read sections 91, 92 93 and 94 under the heading ‘The Police’ . We need to read and understand more.
I consider myself a fair person due also to my hereditary traits. Some people depend on constitution this and that. They go to court and fight cases based on constitution. It happens right here in Canada – Toronto. Criminals do it all the time with the help of their lawyer(s). They hide behind the Constitution. Surely, they should know if they are right or wrong. Some people are wrong and want to be strong.
I will inform you, they do take advantage of this Constitution and constitutional rights. Some people go by the books and not by utilizing their heads.
He had a high profile position. But what did he do which was so bad to warrant his dismissal? This is what we must know first prior to accusing the Chief of Police.